I Heard From a Friend of a Friend Campaigning

Jockeying for Santos | Eden District's Big Bills | Dvorsky's Ghostwriter | Mayor vs. SL Times | Burrell Dumps

The political equivalent of an "unforced error" in tennis is probably announcing an important local endorsement when it wasn't yours just yet. District 3 candidate for supervisor Beverly Johnson's inauspicious blunder tainted what was an otherwise charming opening event to her campaign to replace Alameda County Supervisor Alice Lai-Bitker, but the premature announcement of San Leandro Mayor Tony Santos' endorsement is a glaring mistake with the only bright spot being it occurred much early than later in her campaign. The Johnson camp had reached out to Santos as early as Feb. 19 to secure his backing over the likes of Wilma Chan or even at time Lena Tam or Shelia Young. Johnson told The Citizen a colleague of Santos informed her of his endorsement just before Tuesday's event. The next day, Santos responded quizzically to news of his endorsement for Johnson. It actually was something like this: "Whaaaat?!" Johnson said she spoke to Santos Wednesday and apologized for the misunderstanding and still hopes to secure his endorsement soon. For his part, Santos appears conflicted on whom to endorse, but mentioned his work with Johnson on various regional boards as a plus. "I am staying neutral for time being," said Santos. "I must say I work with Bev on number of agencies, so I do need to stay on her good side. I know them both and like them both, so it is a real dilemma for me." Like in tennis, it doesn't matter how good you are, the presence of crucial errors like the one Tuesday night will sink any campaign.

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BILLABLE HOURS Just how much is the Eden Township Healthcare District going to spend on legal fees in its battle with Sutter Health to save San Leandro Hospital? If the price tag for February's work by the law firms Archer Norris and Pillsbury Winthrop Shaw Pittman is any indication, it could be hefty. According to the District, $364,000 was spent on legal fees that featured the latest lawsuit against Sutter hoping to invalidate the 2008 memorandum of understanding. The District will also be on the hook quite ironically to supply representation for Ratnesar and Dr. Francisco Rico, who were named in the lawsuit. Rumors have been circulating saying the total bill could range somewhere between $4-5 million. Eden Township Healthcare District CEO Dev Mahadevan told the San Leandro Times it could be as high as $2 million. Once you extrapolate February's outlay over the many months the legal skirmish between the two sides may drag, its final numbers could easily be somewhere in between the two figure, or perhaps, exceed them. Critics say that money could be better served towards the $6-9 million subsidy needed to run a hybrid model of services, including the emergency room, at the hospital. The problem is the county and Sutter would rather convert San Leandro Hospital to a acute rehabilitation facility rather than the political security blanket that is the "hybrid model." It appears for the emergency room to be saved, the District has been given no choice but to write hefty checks to their attorneys.

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SIGNED: SUTTER HEALTH? In this era of emails and text messages, who says letter writing is a quaint endeavor from a bygone era? In fact, when the letters arrive with a return address to Sutter, the outcome is usually another peek into the invisible hand of the Sacramento-based health care provider. This week came news Eden Township Healthcare District Director Dr. Harry Dvorsky sent a correspondence to the board requesting an opportunity to change his vote on the Feb. 18 decision to file a lawsuit against Sutter. The circumstances around Dvorsky's reversal (he was one of two votes in the affirmative) are still unclear. He did not answer questions last Wednesday evening, but some believe the elderly director was coerced into an attempt to switch sides. Dvorsky's grasp of the situation surrounding the board and Sutter are said to be basic. Boardmembers have been known to boil down arguments to their lowest common denominator for him. He has stated his goal is to keep San Leandro Hospital open and choices presented to him have been framed in that respect. Did Dvorsky composed the letter on his own volition or did someone else? Who knows, but the existence of two other letters tied to Sutter have made waves in the past six months. Late last year it was revealed Sutter had sent a letter to Prime Healthcare, the outfit with designs of taking over San Leandro Hospital, threatening legal action if they began negotiations with the District. The missive was triggered by comments made by Director Dr. Vin Sawhney vaguely mentioning Prime's intervention in quotes reported by The Citizen. More infamously, December's "Letter to the Community" supposedly written by another Director Dr. Rajendra Ratnesar, was found to be ghost written by an employee of Sutter. Since nobody outside of the board has seen Dvorsky's letter, is it possible someone has been watching the cartoon Inspector Gadget and began employing letters that self-destruct after 15 seconds?

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PROP. 13 IMBROGLIO Mayor Tony Santos was inundated with phone calls and emails from constituents who read in the San Leandro Times he was in favor of repealing the property tax-slashing Proposition 13. "Nothing could be further from the truth," Santos said in an email this week. "At no time have I advocated repealing proposition 13 nor will I ever make such a proposal." In numerous conversations with Santos he has lamented the loss of property tax dollars because of the landmark 1970s referendum in the context of San Leandro's coffers bleeding red, but has never went as far as to advocate a repeal of Proposition 13. Santos said he asked the San Leandro Times for a retraction of story, but the request came after the paper's latest edition was put to bed. 

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FIELD OF NIGHTMARES These are brutal economics times, but the crumbling edifice of Burrell Field is an outright embarrassment for the city. The rickety wooden stands, crab grass-infested infield and pebble track is not suitable for recreation. In fact, it's best use would be for auxiliary parking for a fair, if one were to set up shop on the edge of the 880 freeway. What a stark difference to the sports facilities in nearby Castro Valley. During the past two Saturdays, the athletic fields off Redwood Road have been bustling with women's soccer games, high school baseball, track and field competitions and girls softball leagues with practice in full swing. The quality of the new stadium is evident in the fact that the world's top female soccer player, Marta, will play her home games for F.C. Gold Pride of the Women's Professional Soccer in Castro Valley. It is not so much that the fields are being used for competitive sports or even exercise, but the sheer sense of community on these Saturday mornings is what San Leandro is lacking with Burrell Field languishing in such disrepair.  On the bright side, the elements of a truly special facility are already there with the baseball field and serviceable tennis courts. That is what supporters of the San Leandro Sports Foundation are hoping to build upon by reconfiguring the two adjacent baseball diamonds and football stadium into a facility similar to the one in Castro Valley. How Burrell Field became such dilapidated dump or how nobody has accidentally crashed through its warped and crack stands is astonishing. It is time to get on the ball. Is it any wonder there has never been an exceptionally-gifted athlete ever raised in San Leandro? - S.T.

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Johnson Opens Campaign with Nod to San Leandro

ALAMEDA MAYOR SAYS SAVING SAN LEANDRO HOSPITAL IS TOP PRIORITY

By STEVEN TAVARES
The Citizen

SUPERVISOR, DIST 3Alameda Mayor Bev Johnson's upstart candidacy for county supervisor has a certain San Leandro flavor. The candidate hoping to replace current supervisor Alice Lai-Bitker, outstretched her hand to supporters of saving embattled San Lenadro Hospital last Tuesday at her kick-off event.

"It is an absolutely critical first issue that I will be working on and even before I am elected supervisor," said Johnson, "because we can't wait until January to start working on this issue.

Johnson, who lists 12 years as an elected official, says the struggle to keep San Leandro Hospital and its emergency room operating is similar to what Alamedans experienced eight years ago with their own local hospital. "If you lose your hospital, you lose your emergency room," said Johnson. "If you have a disaster you don't have the ability to provide for health care."

She admits the situation in San Leandro is more complex than the set of problems at Alameda Hospital where the solution was to create a health care district to oversee the facility and residents of the island passed a parcel tax of nearly $400-a-year to fund the hospital.

Johnson believes the county needs to explore whether there is a business model that will keep the hospital economically viable on its own and if one cannot be found, to start looking for subsidies. She also says the county needs to take a larger role. "The supervisors don't seem to be giving much direction and people seem frustrated with how the process has gone," said Johnson. "From what I know about the process, I think they are very justified in that."

Other than the hospital situation, which many in the group of supporters at her Alameda event seemed unaware of, Johnson highlighted the rough economic landscape many in the county and nation are facing. "I don't need to tell you our people are hurting out there," she said. People are losing jobs,  she said, losing health care coverage and struggling to keep up with mortgage payments, while residents are demanding more help from the grovernment. "We're in an era where government is going to have to find a way to do more with less," she said.

Johnson's other platform issues include securing a county-wide jobs ordinance to put people back to work, keeping Alameda's three bridges fully-funded and making sure residents are safe as the state's releases more prisoners because of budget cuts.

Assembly Sandre Swanson, who has endorse Johnson along with Oakland state Sen. Loni Hancock and former state Sen. Don Perata, says the race for supervisor against Wilma Chan will be "very intense." The surprise withdrawal of Alameda Councilwoman Lena Tam may have reverberations in Johnson's campaign vying for the crucial Chinatown area of District 3. The belief among political strategist is Chan and Tam had the possibility of splitting the vote in Chinatown, allowing another candidate to swoop in on the backs of San Leandro and San Lorenzo voters. With Tam out of the race to focus on the Alameda city council, securing enough votes in the southern portion of the district is certain to be a battleground with San Leandro Hospital as its likely epicenter. "I'm not going to concede any area," said Johnson. "I'll do what I can do to get support in Chinatown, but I think Wilma will have a lot of support there."

Johnson says she is actively seeking the endorsement of current supervisor Lai-Bitker, along with San Leandro Mayor Tony Santos. In what was the first flub of the early campaign season, Johnson announced Tuesday night she had received Santos' backing, but he said the next day he had not yet made a decision on the race. Johnson told The Citizen there was a miscommunication between herself and a colleague of Santos, who erroneously informed her of his support. Santos said he will meet with representatives of both Johnson and Chan in the next month before making an endorsement.

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Rogers, Residents Call for Ratnesar to Step Down

RATNESAR CALLS REQUEST 'INAPPROPRIATE', SAYS 'I NEED TO THINK ABOUT THIS'
By STEVEN TAVARES
The Citizen

THE DISTRICT v. SUTTERThe chair of the Eden Township Healthcare District took the unprecedented step Wednesday night of calling for the resignation of long-time boardmember Dr. Rajendra Ratnesar on conflict of interest charges stemming from his involvement in the 2008 agreement between the  District and Sutter that is at the center of their latest legal skirmish.

"This request is made not only because of Dr. Ratnesar's apparent conflict of interest," said Board Chair Carole Rogers," but because he also voted against filing a law suit against Sutter Health in our last closed session where he is mentioned as a party to the illegality of the 2008 [memorandum of understanding]."

Ratnesar has been the target of criticism for over a year for his employment by Sutter running concurrently to his stint on the board. After a string of residents also called for his resignation, he said, "I don't want San Leandro Hospital to close any less than anyone here, but I don't want the new hospital construction stopped as well."

To further elaborate on his rationale for voting against filing the Mar. 10 lawsuit, Ratnesar may have inadvertently described board deliberations made during closed session when he said the District's lawyers had advised them it was a "50-50 chance" Sutter could step away from the rebuild of Eden Medical Center currently underway in Castro Valley." Rogers later disagreed with the context of the discussion Ratnesar had described.

During the meeting, Ratnesar did not respond to Rogers' request, which he says he only learned about during the meeting. When asked afterwards whether he planned to resign he said, "I need to think about this. There is an equal amount of people who are very worried that the hospital may not get built."

Ratnesar, who also said he would not seek re-election this November, criticized Rogers for making the unorthodox request of calling for a boardmember's ousting. "It was inappropriate," said Ratnesar. "If she wants to come out here as a public member, then yes, but I think it was very inappropriate. I was given no warning. We were just told we were going to discuss the policy. We did not discuss the policy tonight."

Rogers' statements came late in the nearly two-hour hearing and followed a string of residents who earlier called for Ratnesar to step down. Carol Barazi, a nurse at San Leandro Hospital, told Ratnesar as he blankly glared at the podium, "I'm sorry, but I think for everybody in the community and probably for you as well, that should resign."

John Kalafatich, a popular pharmacy technician at San Leandro Hospital affectionately known as "Papa John", faulted Ratnesar for failing to heed the wishes of the community by not assisting in saving the hospital's emergency room. He then alluded to his own recent health problems and said, "If you're having a heart attack, every minute counts and you are interfering with the possibility of me living."

San Leandro mayoral candidate Stephen Cassidy went further and told the board if Ratnesar did not resign, his case should be referred to the state's attorney general's office for investigation. "This has gone on far too long," said Cassidy.

The board also voted to postpone for a third time the sale of their partnership in the San Leandro Surgery Center to Sutter. The issue of approving the sale for $1.1 million has the possibility of being further delayed indefinitely until a settlement is reached in the two legal disputes between the District and Sutter. The planned use of the "Rule of Necessity" for the third occasion was also postponed. This time in reference to the issue of a conflict of interest found last week involving Rogers and her employment with the Alameda County Medical Center. The board questioned whether the District was actually near the point of negotiating with ACMC.

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Rogers to Ask for Ratnesar's Resignation

BOARD CHAIR SAYS HE VIOLATED DISTRICT'S CONFLICT OF INTEREST CODE

By STEVEN TAVARES
The Citizen

THE DISTRICT v. SUTTEREden Township Healthcare District Chair Carole Rogers will ask tonight for the resignation of fellow boardmember Dr. Rajendra Ratnesar. Rogers told The Citizen she will cite the District's own Conflict of Interest Code calling for a member to either resign their position or relinquish any financial interest derived from the conflict of interest.

The former chief medical officer of Eden Medical Center was recently named in the District's Mar. 10 lawsuit against Sutter challenging the validity of the 2008 memorandum of understanding. At the time of the negotiation and approval of the controversial agreement, the suit alleges Ratnesar possessed a conflict of interest stemming from his duties on the board and as an employee of Sutter.

Ratnesar, who has been on the board since 1998, was also singled out recently by the District's lawyers for having a conflict of interest derived from his employment at Eden Medical Center, which ended in November. Ratnesar's employment only months ago is still within the one-year yardstick considered to trigger charges of impropriety.

He, along with Directors Dr. Vin Sawhney and Dr. Bill West, were advised to recuse themselves from any further decisions regarding the District and Sutter, but because the action left less than half of the remaining board, one of the three excused were allowed back assure a quorum of three votes. After blind lots, that member was Ratnesar.

Over the past few months, the board has undergone a change of focus that has allowed it members to become more eager in combating Sutter in the courts, Ratnesar is the lone remaining boardmember who solidly votes against the majority of members who tend to favor keeping San Leandro Hospital's emergency room services intact.

As public meetings go, tonight's monthly meeting (5:30 p.m., HARD Office, Hayward) may be quite eventful. In addition to Rogers' action, the board will also take a third look at selling its interest in the San Leandro Surgery Center to Sutter for over a $1 million. Members of the community have shown disapproval against the transaction with Sutter amidst dueling lawsuits in the courts. The District will also draw lots to find two recused boardmembers to gain a quorum when and if they ever enter negotiations with the Alameda County Medical Center. Rogers, who is employed by ACMC, was found last week to be the fourth member of the board to have some sort of conflict of interest.
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The CiTiZEN FILE on....CONFLICT OF INTEREST 

>>>Entire Eden Board Advised of Conflict of Interest, June 11, 2009.

>>>Rogers: This is Not the Opinion of the Board, Dec.  8, 2009.
>>>Ratnesar's Letter Ignites Firestorm of Responses, Dec. 8, 2009.   

>>>Three Directors Asked to Recuse Themselves over Surgery Center, Feb. 18, 2010.
>>>Eden District Edging Towards Voiding Disputed MOU, Feb. 25, 2010.                                                 
>>>'Void and Unenforceable', Mar. 10, 2010.

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District Member Tried to Change Important Vote

DVORSKY SENT LETTER TO BOARD AFTER APPROVING SUIT AGAINST SUTTER
By STEVEN TAVARES 
The Citizen

THE DISTRICT v. SUTTERIn the days after Eden Township Healthcare District Director Dr. Harry Dvorsky cast one of the two deciding votes approving the board's Mar. 10 lawsuit Sutter Health, he sought to change his vote in opposition, according to sources who have seen the letter sent to the board shortly after the Feb. 18 executive meeting that approved the filing.

A copy of Dvorsky's letter has not been obtained, but Eden Township Healthcare District CEO Dev Mahadevan confirmed its existence along with board Chair Carole Rogers. Mahadevan said Dvorsky had "second thoughts" about his vote to move forward with the District's lawsuit challenging the validity of the 2008 memorandum of understanding at the center of the fight between the District and Sutter to save San Leandro Hospital.

Mahadevan said lawyers for the District explained to Dvorsky no action on changing his vote could not be made until the item was added to the agenda at a subsequent meeting. The matter does not appear on tonight's amended agenda. Rogers says the item is not likely to appear on the agenda in the future since the lawsuit was already filed by the District last week. Dvorsky could not be reached for comment as of this afternoon. A spokesperson for Sutter Health had no comment, saying it was an issue for Dvorsky and the board to handle.

Chief among Dvorsky's concerns, according to Mahadevan and Rogers, is uncertainty the District's lawsuit might endanger the $300 million rebuild of Eden Medical Center by Sutter, which broke ground in July of last year. A source connected to the District believes the long-time director, who is believed to be in his late-eighties, was coerced into reconsidering his vote. Others, who chose to only speak on background, questioned whether the current board was ignoring Dvorsky's letter. They cite the legal action by the District was decided Feb. 18, but was not filed until after an arbitrator sided with Sutter Mar. 5 and awarded the title to San Leandro Hospital no later than Mar. 31.

The mental state of the noted retired thoracic surgeon has been something of the pink elephant in the room. Boardmembers routinely help and encourage his participation during meetings and privately question whether he has full command of the issues being discussed. During the interview process last November to find a replacement for the departed Dr. Walter Kran, Dvorsky read the same question to every candidate. "If chosen, will you run for re-election?" Of late, his only recognizable actions during board meetings has been an unofficial designation as issuer of seconding boardmember's motions.

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The CiTiZEN FILE on...Dr. Harry Dvorsky

>>>Questioning an Eden Board Member's Mental Fitiness, Aug. 20, 2009. 
>>>Sawhney and Rogers Emerge as Defenders of Hospital, Oct. 6, 2009.
>>>One Question on Their Minds: What will you do for SLH?, Nov. 5, 2009. 

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Supervisor Race has Pieces Falling into Place

DISTRICT 3 SHAPING UP AS TWO-WOMAN RACE

By STEVEN TAVARES
The Citizen

SUPERVISOR, DIST 3Alameda Councilwoman Lena Tam is out of the race for District 3 Supervisor. Shelia Young is also out, but seemingly always in...yes, no, maybe, I don't know. Alameda Mayor Beverly Johnson is moving forward. Wilma Chan is measuring the drapes at the supervisor chambers. Novice politico Harold Lowe is only known as Nate Miley's guy and that's just the Clif's Notes version of the nascent supervisors race to the June primary, but there is far more to it.

Suffice to say, Tam's quick exit from the race is clearly a boon to the Chan campaign who no longer needs to worry about the possibility of splitting votes in the crucial Chinatown area. The subtraction of Young from the equation increases the chance of either Chan or Johnson winning the seat outright in June, although such a scenario is unlikely.

In her statement yesterday, Tam's reason for leaving the race centered around fulfilling her duties in Alameda. "The City of Alameda needs my experienced leadership more at this time," said Tam, but the real reason for her abrupt withdrawal may lie later in her statement. "During the last few weeks, it seems that every member of the Alameda City Council is running for some office, either mayor or board of supervisors and actively campaigning," said Tam. "I believe that the time needed for me to campaign can be best dedicated to running the City of Alameda."

A few observers believe Tam is angling for more power in Alameda with higher chances for victory by hanging around the island. In addition, a scenario bandied about has Johnson, who is not running for re-election, slipping back into city hall at the council level, if she were to lose outright this June.

In the meantime, Johnson held her kick-off party Tuesday evening in Alameda telling a large group at the Blue Dot Cafe her top priority is saving San Leandro Hospital, which is red meat to San Leandrans and part of her strategy to pull in chunks of San Leandro and San Lorenzo. Both areas have been shut out of the supervisor's chambers for over a decade.

Johnson took a quick opening shot at Chan saying, "As some of my opponents groan on and brag about what they have done in the past, IO want to change the conversation to how we are going to sustain the many important programs and services that the county provides going into the future."

With Young out of the race (was she really in it?), Johnson may benefit from the lack of a candidate from the southern half of the district. One source told The Citizen, Young may have miscalculated in leaving the race just as Tam withdrew and her endorsement of Chan is a head-scratcher since many in San Leandro have been critical of Chan's perceived lack of attention towards the area during her first stint as supervisor.

Rumors of Young's political future, though, are still swirling as they have for months. She has been linked to nearly every open seat in the area from mayor of San Leandro, the supervisor's seat, the sanitation district and possibly Emperor of Davis Street. A spate of news stories reporting her withdrawal from the race were peculiar since she was seen last week in San Leandro gathering signatures to put her name on the ballot for the Democratic Central Committee. If that isn't enough, there is still a feeling she could still enter the mayor's race at the last moment.

UPDATE: It was reported today District 3 supervisor candidate Beverly Johnson told supporters in Alameda she had been endorsed by San Leandro Mayor Tony Santos. While it is accurate Johnson publicly announced the endorsement, Santos says he has not made a decision whether he will endorse a candidate for the race. 

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Fourth Eden Member has Conflict

DISTRICT CITES 'RULE OF NECESSITY' FOR SECOND TIME

By STEVEN TAVARES
The Citizen 

THE DISTRICT v. SUTTERYou can add Carole Rogers to the list of Eden Township Healthcare District boardmembers with a conflict of interest. The chair of the board joins Dr. Vin Sawhney, Dr. Rajendra Ratnesar and Dr. Bill West as directors the District's lawyers deem to have financial interests in different parts of its dealings with Sutter Health, Eden Medical Center and the Alameda County Medical Center.

The latest instance of a conflict of interest revolves around Rogers' employment as a registered nurse for ACMC. Lawyers for the District her employment precludes her from involvement in negotiating any possible deal involving ACMC. After exercising its option to purchase San Leandro Hospital last summer, Sutter quickly leased the facility to ACMC to convert it into an acute rehabilitation center, thereby, closing the emergency room, among other services.

According to a letter sent to the board by Eden Township Healthcare District CEO Dev Mahadevan, the District will again invoke the "rule of necessity" at Wednesday's meeting to secure a quorum. Only Boardmember Dr. Harry Dvorsky can currently preside over the entire negotiating process involving portions pertaining to both Sutter and ACMC. Similar to earlier this month, the board will draw blind lots to add two conflicted members back to the negotiating team and regain a majority of three votes.

Sawhney, Ratnesar and West were excluded by lawyers because of income derived from employment or work performed for Sutter. After drawing lots, Ratnesar was allowed to regain his vote. The three-person board subsequently voted 2-1 (Ratnesar voted against) to approve the filing of a lawsuit in Superior Court challenging the validity of the 2008 memoradnum of understanding.

With all the variations of negotiating teams dealing with the San Leandro Hospital conflict, it is conceivable a legal version of musical chairs could occur with different groups of boardmembers separately deciding subsets of the entire question of how to deal with Sutter and the hospital.

Mahadevan says the District's lawyers believe the "rule of necessity" which allows, in this case, boardmembers with a conflict of interest to return to the decision-making process is not legally "foolproof." "If someone wants they could challenge the contracts made by these boardmembers," said Mahadevan. One way to strengthened the validity of the legal maneuver, he said, would be ask for an opinion from the state's attorney general. Lawyers have told the District, receiving such an opinion in an expedient manner is unlikely and "not worth the time."

The District has experience in this matter. Shortly after his election, Boardmember Sawhney's ties to a Hayward clinic were questioned as a  potential conflict of interest. In that case, an opinion from the attorney general's office was not given quickly, Mahadevan said.

Rogers Questions Former Member's Comments

RICO, RATNESAR HAVE SAID OPPOSITION HAS BEEN VOCAL MINORITY 

SAN LEANDRO HOSPITALEden Township Healthcare District Chair Carole Rogers is going on the offensive, again. In a press release late Monday night, the boardmember at the forefront in attempting to maintain the emergency room at San Leandro Hospital, took a jab recent remarks made by former member Dr. Francisco Rico. Over the weekend, Rico posted comments on The Citizen, including a frequent opinion made by him and another current member Dr. Rajendra Ratnesar, that residents outside the healthcare district care little about the fate of the hospital. Here's the statement:

We have heard from the San Leandro community as well as residents of surrounding areas – when you expressed yourselves at numerous public hearings – that you want to keep San Leandro Hospital open as a 24/7 emergency room and acute care hospital.

Dr. Frank Rico stated in a recent post in the East Bay Citizen: “It is an assumption on your part that an overwhelming number of residents oppose Sutter's plans. Realize that the District encompasses all of Hayward, Castro Valley, Union City as well as San Lorenzo and San Leandro. Most of those citizens do not use SLH. The opposition has been from a vociferous minority that is localized mostly in San Leandro.”

The Board of Directors of Eden Township Healthcare District invite the “vociferous minority” from all areas of the District to participate in a Candlelight Vigil on March 22 at 5:30 p.m. in the San Leandro Hospital - Medical Arts Building parking lot to “Save San Leandro Hospital.” Music, food, speakers and candles will be provided.

Even if you live outside of the San Leandro Hospital area, please attend. The closure of the hospital’s emergency room with 20,000 visits per year will severely impact the ER services of surrounding hospitals and claim lives.

If you can’t attend, write a letter to the Eden Township Healthcare District, 20410 Lake Chabot Road, Castro Valley, CA 94546 or email me Carole.rogers@ethd.org and make your wishes known. We cannot allow Sutter Health and Alameda County to close our community hospital and need your show of support now.

Carole Rogers, RN
Chairperson
Eden Township Healthcare District

To read more of Rico's conversation with a supporter of keeping San Leandro Hospital open, click here.

-STEVEN TAVARES

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Rocky Roads

Eden District Puts Sutter on the Defensive

DISTRICT'S COMPLAINT MAY LEAD TO SUMMER FACE-OFF OVER CLOSING

By STEVEN TAVARES
The Citizen

THE DISTRICT v. SUTTERThe relationship between Sutter Health and the Eden Township Healthcare District is best viewed in phases. The Pax Eden ended in 2004 when the District purchased the hospital and leased it to Sutter. Within two years, seeds of corporate bullying began to emerge. It's the great girlfriend who became the monster wife. The ill-advised purchase of a Hummer followed by $5-a-gallon gasoline and the tattoo on your lower back that seemed like a good idea way before those two kids popped out. The Buyer Beware analogies could go on forever and everywhere along the line. Since 2004, Sutter has held all the cards by shrewdly gaining leverage over the District by dangling the rebuild of Eden Medical Center as both the carrot and the stick, that is, until this week.

The District's lawsuit alleging a conflict of interest against three members of the group who negotiated the 2008 memorandum of understanding is a gamechanger. It's the moment when the District can possibly begin to erase the deal that in its shocking simplicity, effectively gave Sutter total control over the future of the District's two main assets--Eden and San Leandro Hospital.

Assuredly, there have long been voices shouting the lawsuit's same transgressions against Dr. Rajendra Ratnesar and Eden Medical Center CEO George Bishalaney and, to a lesser extent, former boardmember and vociferous defender of the MOU, Dr. Francisco Rico. Proving all three had blatant conflicts of interest does not seem hard to see. How anyone in 2008 thought having Bischalaney, who was the CEO of both Eden and the District, directly involved in its execution is preposterous and only conjures up a flood of conspiracy theories centering on the deep-seated perception Sutter, indeed, controlled previous incarnations of the District board and its recently deposed legal counsel.

In addition, Ratnesar was and is currently cozy with Sutter, although he denies impropriety by telling the local paper when it comes to any conflict of interest the righteousness of his heart apparently negates the rule of law.  Rico, although amazingly eloquent and thought-provoking, was also uniquely tied to Sutter through a parntership in a medical group with ties to Sutter. It seems to beg the question, why wasn't anyone paying attention to this obscene flouting of the public's trust?

The presence of the District's lawsuit could likely keep the hospital running for months after the deadline and only heightens Sutter's greatest fear of all: an outside operator, namely an entity like Prime Healthcare flirting with the District.

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What this lawsuit illustrates is Sutter engaged in a surreptitious and massive takeover of a local government entity in the interest of increased profits and reduced competition in the area with profound implications to the residents of the community. Sutter's moves were made with such deftness that many did not see the signs until it became apparent the plan was to trade San Leandro Hospital for a shiny new hospital in Castro Valley. A call to action gained steam in the early part of last year, but it was nearly too late and gave Sutter a huge upper hand that it still enjoys. At every battle since, Sutter has merely plowed forward with reckless abandoned. Most infamously, they invoked their right under the 2008 MOU to purchase San Leandro Hospital and quickly leased it to the Alameda County Medical Center, bluntly saying 'I'll take that and do whatever I want with it' and attempted to do without paying a single dime. That certain amount  of arrogance, though, may have been muted by the District's lawsuit this week.

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Dowling Collecting Support of Hayward's Finest

USE THE EASY TO FILL OUT 'ENDORSE KEVIN DOWLING MAD-LIB' FORM 

SUPERVISOR, DIST. 2Hayward City Councilman Kevin Dowling, in a bid for a seat on the Alameda County Board of Supervisors, has been racking up an impressive list of endorsements from city leaders, especially those who protect it.

Dowling followed up an endorsement from the city's Police Officers Association Feb. 25 with a nod from its firefighters, but maybe he makes it easy to grant an endorsement. Here's why: a quick look at both press releases touting Dowling's endorsement by police and fire bear quite a stark resemblance, almost like a political version of MadLibs. Last month, Dowling's campaign sent this release:

(Hayward, CA)--The Kevin Dowling for Alameda County Supervisor campaign announced today that is has received the endorsement of the Hayward Police Officers Association.

“Kevin has been a leader on public safety in Hayward,” said Hayward Police Officers Association President Mike Sorenson. “Alameda County residents can count on Kevin to help keep our communities safe.”

“I am honored by this endorsement,” said Kevin Dowling, Hayward City Councilmember and candidate for Alameda County Supervisor District 2. “I’ve been working with the Hayward Police for 11 years as a member of the Hayward City Council, and they know my commitment to making our neighborhoods safer.”

The election for Alameda County Supervisor will be held on June 8, 2010. If one candidate doesn’t receive over 50 percent of the vote, the top two vote getters will head to a run-off in November.

Then, here's yesterday's press release for the firefighters endorsement:

(Hayward, CA)---The Kevin Dowling for Alameda County Supervisor campaign announced today that is has received the endorsement of the Hayward Firefighters, Local 1909.

“Kevin Dowling has a proven track record of supporting public safety,” said Hayward Firefighters, Local 1909 President Jason Livermore. “We know that the safety of the citizens of Alameda County will be one of his top priorities.”

“I am honored by this endorsement,” said Kevin Dowling, Hayward City Councilmember and candidate for Alameda County Supervisor District 2. “I’ve been working with the Hayward Firefighters for 11 years as a member of the Hayward City Council. They know that I will be committed to making our neighborhoods safer throughout Alameda County.”

The election for Alameda County Supervisor will be held on June 8, 2010. If one candidate doesn’t receive over 50 percent of the vote, the top two vote getters will head to a run-off in November.

Yesterday's press release is nearly identical to the one Feb. 25. Change the name of the organzination, its president and you too can endorse Dowling. Try it!

(Hayward, CA)---The Kevin Dowling for Alameda County Supervisor campaign announced today that is has received the endorsement of the Hayward Boy Scouts.

“Kevin Dowling has a proven track record of supporting the Scouts and helping the elderly across the street,” said Scout Leader Bill Johnson. “We know that the rope-knotting needs of the citizens of Alameda County will be one of his top priorities.”

“I am honored by this endorsement,” said Kevin Dowling, Hayward City Councilmember and candidate for Alameda County Supervisor District 2. “I’ve been working with the Boy Scouts for 11 years as a member of the Hayward City Council. They know that I will be committed to making our neighborhoods safer throughout Alameda County.”

The election for Alameda County Supervisor will be held on June 8, 2010. If one candidate doesn’t receive over 50 percent of the vote, the top two vote getters will head to a run-off in November.

-STEVEN TAVARES 

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Corbett to Run for Re-Election to State Senate

Citizen Exclusive! 

SENATOR EXPLORED RUN FOR ALAMEDA COUNTY SUPERVISOR WITH URGING OF SUPPORTERS

By STEVEN TAVARES
The Citizen
LEGISLATUREState Sen. Ellen Corbett ended weeks of speculation regarding her political future by announcing Wednesday she will run for re-election in June.

In a telephone message late Wednesday, Corbett said she had explored a possible campaign to replace departing Alameda County Supervisor Alice Lai-Bitker, but reconsidered to continue representing the tenth district.

"After careful consideration, I decided, of course, I would like to continue my work as a state senator," said Corbett. The former San Leandro mayor and assemblywoman says she enjoys her work a senator in Sacramento and puts saving San Leandro Hospital as her top priority this year.

Corbett said many of her supporters encouraged her to run for supervisor and out of respect of their wishes, she attended meetings on behalf of political groups, including endorsement interviews with the Central Labor Council.

Corbett's brief flirtation with moving from the capitol to closer to home in Oakland started slowly two months ago after the suddenly decision by Lai-Bitker to not seek re-election. The subsequent news allowed for a slew of candidates to be quickly thrown onto the slate. Former Supervisor Wilma Chan, former San Leandro Mayor Shelia Young and Alameda Mayor Beverley Johnson quickly rose to the top of possible candidates. Whispers quickly began to include the name of the first-term state senator, but while most local politicos thought it might be possible, most dismissed the rumors as a sideshow to Corbett's believed intention to move to a statewide office somewhere down the line.

As Lai-Bitker enthusiastically endorsed Alameda City Councilwoman Lena Tam over Chan and possibly fracturing the all-important Chinatown voters in the north of District 3, the Corbett rumors once again heated up. Numerous local politicians told The Citizen, Corbett had a more than cursory interest in the supervisor's seat. Several sources then told The Citizen this last Monday Corbett had ended his her look at board of supervisors and would return to her work in the senate.

According to the Alameda County Registrar Office, Corbett's declaration of her candidacy was filed Wednesday. The deadline for candidates to file for the June primary is Friday, Mar. 12. At this moment, Corbett is running unopposed for the Democratic nomination. A rematch of her previous senate race could occur in November with Republican Lou Filipovich, whom she handily defeated. Robert Blake Maffit and Jeffrey Wald are also likely opponents for the Republican nomination.

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'Void and Unenforceable'

EDEN TOWNSHIP DISTRICT FILES COUNTERSUIT AGAINST SUTTER WEDNESDAY MORNING

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SUIT ALLEGES RATNESAR, RICO, BISCHALANEY OF 'MAINTAINING FINANCIAL INTEREST' IN NEGOTIATION OF 2008 AGREEMENT

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ARBITRATOR: TITLE MUST BE CONVEYED TO SUTTER BY MAR. 31

By STEVEN TAVARES

The Citizen

THE DISTRICT V. SUTTERJust days after an arbitrator ruled in favor of Sutter Health's claim to San Leandro Hopsital, the Eden Township Healthcare District filed a countersuit Wednesday morning against the hospital chain alleging the contentious 2008 agreement is "void and unforceable" due to three instances of a conflict of interest during the negotiations and approval of the deal, according to court documents filed in Alameda County Superior Court.

The District's lawsuit alleges Eden Medical Center CEO George Bischalaney, current District boardmenber Dr. Rajendra Ratnesar and former boardmember Dr. Francisco Rico all "maintained financial interest" in the 2008 Memoradum of Understanding (MOU) which constituted "substantial conflicts of interest," the suit states.

At the time of negotiations and approval of the MOU, Bischalaney served as CEO of both Eden Medical Center and the Eden Township Healthcare District. It also alleges Rico earned "substantial income" from his partnership in a medical group of anesthesiologists contracted by Eden Medical Center and Ratnesar served as the hopsital's chief medical officer at the time of the 2008 MOU, the lawsuit asserts.

A spokesperson for Sutter Health said the company has not seen the lawsuit, but believes in the validity of the 2008 MOU. "We believe we have a legally binding agreement with the District that was approved by the District and outlines the District's authority to enter into the agreement," said Stacey Wells. "We are confident that the court will uphold this agreement and we will receive title to San Leandro Hospital, as outlined in that agreement."

In essence, the District's lawsuit hopes to turn the clock back to the 2004 agreement between Sutter and the District. That agreement called for Sutter to operate San Leandro Hospital for the next 20 years and rebuild Eden Medical Center. Construction of the $300 million hospital in Castro Valley began last July.

The 2008 MOU came to existence, according to observers, from a belief Sutter was seeking to extricate itself from operating San Leandro Hospital in favor of building the state-of-the-art facility just a few miles away. In testimony given to the healthcare board in November during interviews to replace Dr. Walter Kran, who resigned, former member Rico said the 2008 MOU was needed to stop Sutter from leaving the district completely and, therefore, saddling the District with a seismically-deficient Eden Medical Center facing a costly mandate to retrofit by 2013.

News of Sutter's victory in arbitration was not known publicly until it was contained in today's lawsuit. According to the filing, an arbitrator found Sutter "properly exercised its option to purchase San Leandro Hospital, as described in the 2008 Lease." The arbitrator then ordered the title to San Leandro Hospital be delivered no later than Mar. 31. The suit says the arbitrator allowed for the District to file a countersuit in the meantime, which they exercised Wednesday.

What happens next is unclear. Sutter could conceivably move forward with its plans to lease the hospital to the Alameda County Medical Center and commence transforming the facility into an acute rehabilitation center. Doing so would likely entail closing the emergency room within the next month.

Eden Township Healthcare District Chair Carole Rogers, recalling past comments by Sutter in the past, believes they could move forward with their plans to close the hospital's emergency room. The lawsuit notes the possibility of the District issuing an injunction if Sutter attempts to close to the emergency room before adjudication of today's countersuit.

The timing of the lawsuit comes five days after the arbitrators ruling against the District and Rogers says she never wanted to go to arbitration," That was a decision favored by Ratnesar, Kran and Boardmember Dr. Harry Dvorsky, she said. Rogers also says Wednesday's filing was not a response to the arbitrator's decision last Friday, but part of the District's new strategy to keep the hopsital open. "I've always said we should have dealt with the problem last year." Clamoring for Ratnesar specifically to step down because of alleged conflicts of interest derived from his employment by Sutter have been voiced since as early as last May by detractors of Sutter, including the California Nurses Association.

Rogers specifically criticized Ratnesar's continued involvement within the decision-making process in the District's fight with Sutter to keep San Leandro Hospital open, calling for him to recuse himself. "He should stand down," said Rogers. In fact, the attorney for the District recently found three members of the board, including Ratnesar to possess current conflicts of interest regarding financial dealings with Sutter. Ratnesar, though, was  allowed to participate in discussions regarding the District and Sutter to maintain a quorum of three that was lost by recusing three of the five boardmembers. According to the legal "rule of necessity," Ratnesar was allowed back in by way of winning a drawing of blind lots.

The allegations against the three named in the lawsuit come with possible legal jeopardy. According to the state attorney general's web site, public officials partaking in the negotiation and execution of a government contract when a financial conflict of interest exists could face "criminal, civil and administrative sanctions."

San Leandro Mayor Tony Santos told The Citizen he would like to see an equitable solution to conflict and said he supports keeping the emergency room at San Leandro Hospital open either in its current form or as a hybrid facility of many small scale operations within the building. "I would hope the two sides would sit down and keep the hospital open past June 30," said Santos. "We have to have a facility in town for people to go when they suffer some kind of ultra emergency."

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The Statute at the Heart of the District's Strategy

THE DISTRICT V. SUTTERThe lawyers for the Eden Township Healthcare District are attempting to void the 2008 Memorandum of Understanding between the District and Sutter Health. At the heart of the lawsuit filed today in Alameda County Superior Court is a quite simple and straightforward government statute prohibiting officials from participating in contracts from which they may have a financial interest. Below is the text of California Government Code Section 1090:

Members of the Legislature, state, county, district, judicial district, and city officers or employees shall not be financially interested in any contract made by them in their official capacity,or by any body or board of which they are members. Nor shall state, county, district, judicial district, and city officers or employees be purchasers at any sale or vendors at any purchase made by them in their official capacity.

As used in this article, "district" means any agency of the state formed pursuant to general law or special act, for the local performance of governmental or proprietary functions within limited
boundaries.

Although the statue does not specifically define the moment an official begins to possess a financial interest in the contract, the state's attorney general says, "courts have applied the prohibition to include a broad range of interests."

The courts have continually reiterated that no matter how twisted and winding the trail may be, if the connection between the financial interest of the official and the contract can be made, a violation of section 1090 will be found.

For more information on Code Section 1090, click here to go to the state attorney general's web site.

-STEVEN TAVARES

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Glenn Beck: The Citizen is Enemy #1

Transit Project Struggles to Find Adherents

COUNCIL COULD DECIDE ON PLAN OR ALTERNATIVES IN APRIL 

By STEVEN TAVARES

The Citizen

SAN LEANDROOver the past decade, ACT Transit's $234 million dream bus line that cuts through three East Bay cities, has drifted in and out of vogue, yet even as it nears full funding, San Leandro is still sitting on the fence.

The city has actually never been keen on AC Transit's planned Bus Rapid Transit (BRT) which would build dedicated bus lanes down the center of E. 14th Street allowing buses to travel nearly uninterrupted from U.C. Berkeley to Bayfair Mall. AC Transit says the route would significantly shave nearly 15 minutes for those traveling from one end to the other. Since 2004, the city's official position, though, is to end the line near the San Leandro BART station in an attempt to emphasize revitalization of its downtown. AC Transit has long maintained it end near Bayfair.

Former Mayor Shelia Young led opposition to AC Transit during her tenure and current Mayor Tony Santos has also been skepitcal of the plan, which he again voiced Monday night. Santos criticized the transit agency's lack of alternatives at this point of the decision-making process. "We're long into this and it seems to me alternatives should have been discussed," said Santos.

AC Transit has been criticized by some in Oakland and Berkeley for attempting to push their initial plan without consulting the community. In response, AC Transit staged a flurry of local presentations last year in all three communities to uneven success. Some local politicians criticized the events as merely one-sided conversations, while others expressed confusion when they routinely received different answers from AC Transit representatives.

Councilwoman Ursula Reed, whose district would be most affected by BRT, had pointed opposition for the proposal seeing it as a project already sufficient filled by existing transit opportunities with the current E. 14th bus line and BART running parallel. "What we have right now seems to be working," said Reed. Many businesses and current riders of the existing bus route reside in Reed's district. AC Transit officials have countered BRT does not have the same function as BART since bus customers can ride the line shorter distances rather than riding fixed distances--station-to-station on BART.

Reed also voiced concern for the planned loss of some parking spots on the corridor which would be eliminated to make room for the loss of a lane set aside for BRT. All the same concerns have been communicated in Berkeley along with the perception the agency should be focusing on the existing ridership during a poor economy instead of cutting routes. "Maybe AC Transit should have taken that funding," said Santos, "and provided more frequency in service not only in San Leandro, but the entire corridor."

Councilmen Jim Prola and Michael Gregory said they support the original BRT plan with or without any detours around the downtown area to Bayfair. Both have long been advocates of promoting alternative transit. Gregory espoused the benefits to the environment and to personal health along with urging the city to continue with its long-term transit-oriented policy for its downtown.

Part of BRT's benefits, supporters say, will get people out of their cars and onto to mass transit. Lowering emissions is one of the city's priorities according to the Climate Action Plan approved last year. BRT would go a long way towards fulfilling the goal of reducting emissions by 25 percent below 2005 levels by 2020, although the climate plan may not be funded this year because of the city's hefty deficit.

While the city appears amendable to listening to alternatives to the initial BRT proposal, most of the council voiced the same concerns they offered last year. The city's planning commission will discuss the various plan Mar. 25 and the council could make a decision in April.

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Starosciak and The Hurt Locker

HOW RCV COULD HELP STAROSCIAK

Ranked Choice Voting is coming to San Leandro this November, but it's already changed the way Oscar voters determine their Best Picture and the surprise winner Sunday night might be a guide to what happens in the race for mayor.

After the normally staid Academy Awards doubled the numbers of nominees for its top prize from 5 to 10 last year, it also added a new wrinkle in how it determines a winner that is the exact voting system San Leandro voters will use in this year's elections for mayor and city council. Voters whether they are deciding the cinematic superiority of "Avatar" over the "The Hurt Locker" or Mayor Tony Santos' leadership over Councilwoman Joyce Starosciak will rank their preferences until one of the choices garners a majority of the vote.

Ranked Choice Voting rewards a consensus, which in the world of the Oscars, is trending towards the underdog film, "The Hurt Locker," about a band of bomb-diffusing soldiers in Iraq. This may be surprising since nearly everyone has seen "Avatar" and gush over its stunning moviemaking, but "The Hurt Locker" is currently the odds-on-favorite to win.

The New Yorker's Henrik Hertzberg wrote last month about the possible upset of "Avatar" due to Ranked Choice voting:

This scheme, known as preference voting or instant-runoff voting, doesn’t necessarily get you the movie (or the candidate) with the most committed supporters, but it does get you a winner that a majority can at least countenance. It favors consensus. Now here’s why it may also favor “The Hurt Locker.” 

An article in the USA Today adds, "Though the new system ensures some consensus, it raises the possibility that a movie with more No. 2 and No. 3 votes could beat the film with the most first-place ballots" Meaning, a film like "The Hurt Locker" or "Inglourious Basterds" could surprise movie lovers. Eschewing flying blue aliens and revenge-seeking Jews, a candidate with fewer first-place could become mayor in San Leandro this year and that person may be Vice Mayor Starosciak.

As it stands, the incumbent Santos is without a doubt the frontrunner. Most would place Starosciak second and former school board trustee Stephen Cassidy third. Depending on who you talk to, Santos will either win easily with a majority of the votes even before the mechanism of Ranked Choice Voting begins or the three candidates will nearly split the first place votes by a third with Santos narrowly leading. There is a wide spread there, but here is the likely breakdown past voter's first preference.

It is a good assumption supporters of Cassidy will not rank Santos second on their ballots. There's quite a bit of bad blood that flows both ways, but it is more evident from Cassidy supporters than the other way around. Santos supporters would likely vote the current consensus for the mayor, Starosciak and Cassidy, 1-2-3. Since many of the mayor's supporters are also shared with the vice mayor, they may be inclined to feel comfortable with Starosciak as similar to Santos. Where does that leave Starosciak, then? Probably piling up a large number of second-place votes.

Noted San Francisco State Political Science Prof. Rich DeLeon said in The Citizen, his research regarding Ranked Choice Voting in San Francisco, did not uncover a race that was overturned by a candidate who upset the apple cart. The voting system merely saved money and gave more people a chance to run and to participate. Proponenets of Ranked Choice voting, when they lobbied the city last year, did not dwell on this possibility of an upset ocuring because of the system. Nevertheless, there is a chance a movie nobody has heard of will win Best Picture and a candidate could become the mayor of San Leandro with more second-place votes than first-place votes and that would make for a good movie.

-STEVEN TAVARES

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Seeing Stark Through Others Eyes

BRIEF REIGNS AS CHAIR CREATES DOUBT IN STARK'S FUTURE

By STEVEN TAVARES

The Citizen 

Pete Stark is like the cool uncle who tosses the ball around with you, talks to you like you are one of the guys and drops a few f-bombs every so often for  comedic effect and slips you a shot of Jack at your sister's wedding. In the small circle that you know Uncle Pete, he's the greatest of guys, except when you get older and experience other ideas and perspective, you find good ol' Uncle Pete isn't the guy you remember.

It was kind of that way the past couple of days as the East Bay's beloved politico (at least, in terms of love through the ballot box) was roundly pilloried  this week everywhere media lurked. He was plastered on all the cable news programs. Fox News, especially, was salivating on playing Pete's "Greatest Hits" on a loop. The "fruitcake" incident and the near bar room brawl he nearly set off a few years ago. How he said President Bush was getting his kicks over getting soliders "heads blown off" and the whole "my urine is too special to waste on you" exchange with a constituent last year.

Every single national article written about Stark's short ascension to the powerful Ways and Means Committee had the pointed caveat that this man is crazy. It's not just the media saying it either. House Democrats, through the hasty reorganzation one day later, quickly naming Rep. Sander Levin, (D-Mich.) another pro-union, but less controversial congressman to replace Stark. According to reports, Democrats on the Ways and Means Committee formed a mini revolt against House Speaker Nancy Pelosi's decision to follow the mode of seniority by replacing Rep. Charlie Rangel with the next-ranking member Stark.

Who will take over his impressive legislative legacy?...Or is he planning on becoming the House's version of Sen. Strom Thurmond and slowly crumble before our eyes in a sea of ayes and nays?
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The congressman's poor health of late may have been a concern for Democrats on a procedural level. Stark would have chaired the presitigious tax-writing committee with one of the lowest attendance records in Congress--just under a quarter of the time absent. This fact may not have been very high on the reasons for Stark's brief 24-hour reign as chair--it was political--but it should greatly concern voters in his district.

Stark's visible decline in physical health has been chronicled on numerous occasions in The Citizen. There is no doubt the 78-year-old Stark is still sharp as a tack mentally, but in the past six months or more, it has become apparent his "undisclosed illness" is chipping away at his duties as our representative. He walks with a very pronounced limp, which appears to emanate from a hip problem and has difficulty hearing. In addition, missing over a quarter of the roll calls on Capitol Hill should raise alarms whether Stark is able to represent the 10th District for much longer. Make no mistake, though, it is widely known in the area that residents can get problems solved by taking them to Stark's Fremont office (State Sen. Ellen Corbett's office also has a good reputation in this area), but Stark needs to begin presenting a basic timetable for the future. Who will take over his impressive legislative legacy? His wife? His son? Will he anoint a worthy local Democrat? Or is he planning on becoming the House's version of Sen. Strom Thurmond and slowly crumble before our eyes in a sea of ayes and nays?

East Bay voters probably will not be keen on political nepotism by tabbing his wife, although, Alameda County voters will test that when they decide to vote for State Treasurer Bill Lockyer's wife, Nadia, for supervisor. Waiting for his son to take the reigns would only conjure up Stark's ethics problems from last month, since Stark the Younger was raised in Maryland and without watching Baywatch, knows very little about California. As for a successor among the current crop of Democrats, it could be a bloodbath fighting for position, but one strong candidate, Corbett, seems intent on chasing a seat on the board of supervisors, instead.

It's interesting how what should have been one of the defining moments of Stark's political career quickly gave way to doubts about his future only 24 hours later. The quick change was an insult to his career and only strengthened the knowledge of a litany of bad boy antics spanning decades. Stark is still the cool old uncle to the East Bay, but we're older now, in a sense, since seeing him through the prism of the entire nation. He needs to start telling us what ails him and what he plans for the near future. The  constant "no comment" from his office to everyone whether they are The New York Times or The Citizen will no longer suffice.

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Devastating Cuts Proposed in San Leandro

PROPOSAL STILL LEAVES OVER $1.4 MILLION IN ADDITIONAL CUTS TO BE DECIDED

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POLICE FORCE WOULD DROP TO 84; 64 FTEs CUT, LIBRARY HOURS CUT, POOLS CLOSED 

By STEVEN TAVARES

The Citizen 

SAN LEANDROBudget cuts proposed by the San Leandro Finance Department could mean reductions in law enforcement, city personnel and a decline in response time to the basic maintenance of the city. Possibly controversial cuts to recreation, which met stern community criticism last year, are also included in the plan.

Interim Finance Director Perry Carter said more cuts to the $7.3 million budget shortfall will need to be studied since Tuesday's proposal still leaves the budget in the red by over $1.4 million, which could be bad news since many of the propsosed cuts to every city department ranging from 5 to 31 percent are likely to raise hackles among community members.

The cuts include reducing the city staff by 64 full-time equivalent positions, includeing 5 police officers. San Leandro Capt. Tom Overton said cuts to law enforcement would put the number of officers patrolling the city at a low of 84. The loss of city jobs and benefits will save over $3 million. City Manager Stephen Hollister said 12 have already accepted early retirement packages, but Councilman Jim Prola said the city needs to offer so-called "golden handshakes" to more employees.

"I think it's really critical that we offer [early retirement] rather than cutting full-time public employees," said Prola, who sits on the finance committee. "If we are going to lose positions, I don't want to fire permanent employees."

Councilwoman Diana Souza and Mayor Tony Santos also sit on the three-member finance committee.

The drastic cuts to personnel will affect everyday city business and maintenance across many departments, according to the presentation made by Carter. If approved sometime in June, residents can expect longer response times for city services including patching potholes, weed abatement, traffic light repair and general upkeep of the city. In addition to longer wait times for service at city hall, the proposal does not include funding for the Senior Community Center in the next fiscal budget
 
Cuts to library and recreation services--often times a very visible example of dwindling quality of life issues in the city--could take heavy hits with fewer hours at the Main and Manor branches, the elimination of security at Main during morning hours along with temporary closure of Farrelly Pool and the Boys and Girls Club swimming pool and reduced hours at the Family Aquatics Center. Parents and children protested the planned suspension of services at Farrelly Pool last year and eventually gained limited access to the facility.

Also included in the proposal is elimination of all community events, including the annual tree lighting at city hall, the adult sports program and park rangers, which the finance department says, "may increase need for police repsonse."

CUTTING TO THE BONE

Percentage of proposed cuts from adopted 2009-10 budget to proposed 2010-11 budget. 

Human Resources                        31%   

Recreation & Human Services            30%

Engineering & Transportation           26%

Public Works                           23%

Library                                20%

Community Development                  14%

Finance                                13%

City Manager Office                     9%

Police                                  7%

Fire                                    5%                        

Part of the remaining $1.4 million shortfall contains a $770,000 transfer from reserves to fund the use of a ladder truck for just one-half year. Hollister indicated the city may peg its hope for securing use of the fire truck for six additional months on the possibility of a tax initiative being placed on the November ballot. The cuts to reconcile the remaining $636,000 shortfall will be discussed at budget hearings in May and June along with two planned community discussions the mayor announced Tuesday afternoon. One possibly at the Library and another at the Marina Community Center.

Although, the economy is showing no signs of significant recovery at the local level, Carter said financial consultants for the city believe the economy will show a "bounceback" at the end of this year. The city's proposed budget for 2010-11 accounts for $17.8 million in sales tax, while analysts proposed a figure over $18 million in receipts at the end of this year. Carter cautioned, though, "one quarter does not a trend make."

The city economic picture in the near-term will become more clear during the middle of this month when final sales tax numbers are released, Carter said. He also believes the city "could get some good news on property tax," but sees property transfer taxes--an indicator of real estate activity--showing "no growth, no further decline."

Although, Santos called the proposal "workable," he also indicated it will be paramount for city officials to convince various groups that cuts to programs and services are needed in the short-term. Sporadic and limited discussion of various revenue enhancement strategies, included increasing parking fees, recreational fees, which one department head, said were already some of the highest in the area, and increasing penalties for traffic violations. At one point, Santos mentioned studying a proposal to charge residents for 911 services. A similar idea was floating in recent weeks in Tracy and was roundly criticized. San Leandro residents already pay and 911 tax through their telephone bill.

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Stark Grabs the Gavel

RANGEL STEPS DOWN. STARK TO CHAIR ON INTERIM BASIS; HEALTH QUESTIONED 

CONGRESSAccording to nearly every news account today, Rep. Pete Stark is described as "pugnacious", "behaving erratically", having a "volcanic temper" and called  colleagues "little wimps" and "fruitcakes." Along with those colorful monikers, the East Bay congressman is also the new chairman of the powerful House Ways and Means Committee.

Stark, 78, replaces Rep. Charlie Rangel (D-N.Y.) who stepped down from the chairmanship after being admonished for ethics violations. Stark told committee Democrats this morning he would take the position on an interim basis until the November elections, the Washington Post reported.

Such an arrangement would allow House Democrats to follow the customary rules of ascension afforded Stark as the second-ranking Democrat on the committee and assuage many party leaders who are uncomfortable with the bombastic, partisan style of the congressional veteran.

According to Politico, the elevation of Stark to the chairman's seat "makes sense" for Democrats and proponents of health care reform. Stark also chairs the House Ways and Means Sub-Committee on Health and with health care reform at the forefront of national discourse, the move could be advantageous for those hoping to ride a  slow second wind of reviving the public option, which he strongly favors.

With Stark as chair of the prestigious tax-writing body, California legislators wield even greater power on Capitol Hill, notes Fox News. Four members from the Golden state lead four House committees, including three closely linked to health care reform.

Not only is [House Speaker Nancy] Pelosi from California, but four other Californians already chair major House committees. Rep. Howard Berman leads the Foreign Affairs Committee. Rep. Henry Waxman heads the Energy and Commerce Committee. Rep. George Miller chairs the Education and Labor Committee. And Rep. Zoe Lofgren sits atop the ethics committee. With the installation of Stark on a temporary basis, Pelosi now has three Californians chairing the three committees with jurisdiction over health care reform: Waxman, Miller and Stark.

The question now becomes, will Stark's health become an issue as his power in the capitol increases? The Post says he missed over 250 roll calls because of an undisclosed illness. The Citizen has described the declining health of the congressman at numerous town hall meetings in his district. At one such gathering in San Leandro last summer, he told constituents he was recovering from a past bout with pneumonia. Later in the summer, at a meeting of the Alameda Democratic Club, he exhibited a pronounced limp and had difficulty hearing questioners. A host at the meeting told audience
members to speak louder and indicated the ailment was due to a current undisclosed illness.

-STEVEN TAVARES

___________________

TheCiTiZEN FILE ON...Pete Stark and Ways and Means Chair 

>>>Stark may be In Line for Powerful Committee Post, Sept. 2, 2009 

>>>The Liberal Pariah of the East Bay, Oct. 19, 2009

>>>Stark Target of Ethics Investigation, Dec. 29, 2009 

>>>Ethics Committee Clears Stark of Wrongdoing, Jan. 28, 2010

>>>Ethics Panel Tells Stark, Not So Fast, Feb. 26, 2010

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Services from Every Department on the Chopping Block

A month ago, with an ominous black cat strolling around the conference room, the city announced a $7.3 million budget shortfall. Monday, Interim Finance Director Perry Carter detailed a proposal to the city's finance committee that would cut up to 64 full-time equivalent positions along with steep reductions in every department. Despite the proposed cuts, which will be presented to the city council Mar. 22, the budget is still $1.4 million in the red. Below is a brief rundown of some of the proposed programs and services on the chopping block.

CITY MANAGER (Reduction of 1 full-time equivalent FTE)

• Less city council travel, training and miscellaneous items.
• Reduces city manager's contingency fund by 50 percent.
• Eliminates web design consulting.

COMMUNITY DEVELOPMENT (Reduciton of 3.8 FTEs)

• Suspend Climate Action Plan
• Suspend most long-range planing and land use
• Reduce Permit Center hours by 50 percent.
• Reduce capacity for business retention and attraction efforts.

ENGINEERING AND TRANSPORTATION (Reduction of 6.8 FTEs)

• Reduced response to traffic and parking issues
• Longer time for traffic safety issue analysis
• Eliminate additional street lighting request services

FINANCE (Reduciton of 2.4 FTEs)

• Slowed response time to staff requests.
• Limited education for staff
• Cost Allocation Study delayed additional year

FIRE (No reduction. City uses service contract)

• Half-year reduction for use of ladder truck saving $770,000
• Sharing of deputy fire marshal with a neighboring city saving $110,000

HUMAN RESOURCES (Reduction of 2 FTEs)

• Elimination of two management positions
• Decreased consulting fees
• Elimination of LEAP training program
• Delay in filing vacant position to up to six months
• Delay in additional safety training programs

LIBRARY (Reduction of 7.5 FTEs)

• Reduced hours at Main and Manor branches
• Closure of San Leandro History Museum/Art Gallery
• Elimination of community programs, excluding Summer Reading Program.
• Fewer new titles purchased; longer wait periods for materials
• Elimination of security during morning hours at Main Library
• Elimination of historic microfilm subscription for Daily Review

POLICE (Reduction of 10.5 FTEs; 5 sworn officers, 1 management, 4.5 non-sworn)

• Traffic enforcement reductions of one motorcycle officer, first responder
• Property crime delays by 25 percent
• School Resource Officer for middle school eliminated
• One lieutenant position left vacant/frozen

PUBLIC WORKS (Reduction of 7.5 FTEs)

• Delays in service for routine maintenance/repair of street lights and traffic signals
• Pavement maintenance limited to pothole repair and minor repairs
• Delays for street tree services and elimination of free tree planting
• Reduced median maintenance and weed abatement

RECREATION AND HUMAN SERVICES (Reduction of 16.5 FTEs)

• Elimination of recreational adult sports program
• Family Aquatics Center swimming hours cut by one-fourth
• Closure of Boys and Girls Club pool along with Farrelly Pool
• Teen program eliminated
• Eliminate all community events, new decorations and tree lighting
• Eliminate park rangers

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Center Runs Risk of Becoming Financial Boondoggle

DISCUSSION OF FURTHER CUTS TO CITY SERVICES BEGIN THIS MONTH 

By STEVEN TAVARES

The Citizen

SAN LEANDROAs the city braces for more disheartening cuts to services, it becomes likely the newly-constructed Senior Community Center on Bancroft Avenue is quickly turning into an economic boondoggle rather than a meeting place for San Leandro seniors.

City Manager Stephen Hollister said Monday night the opening of the center is yet to be determined and could be as early as September if the city council decides to allocate funding.

The city's finance committee meets today to begin looking at further cuts to reconcile its $7.3 million budget deficit. "There will be many painful and probably controversial reductions in services that we will be facing," said Hollister.

The cost of running the center will run up to $270,000 per year, according to Hollister. With the state of the city's budget, it may opt to mothball the facility to save money. By postponing the center's opening, the city would still spend $127,000 for upkeep of the facility, but a savings nonethess when further cuts are likely to be made to city services. Hollister also said it was "questionable" whether money could be saved by splitting existing personnel at the crosstown Marina Community Center to organize activities at the new center.

Despite the uncertainty of the center's opening, the council unanimously approve a $300,000 expenditure to furnish the facility, which Hollister said was $200,000 less than expected. The center is also designed to become an emergency response center or secondary city hall in the event the seat of city government is inoperable.

Vice Mayor Joyce Starosciak suggested the city pursue opening the facility for rentals to begin recouping costs even if the seniors portion of the center is not up and running. "I would support doing what we can to open the Senior Community Center to start receiving those rental dollars," said Starosciak. There was no further discussion of the idea as Santos changed the subject to his proposal to AC Transit regarding another possible boondoggle, the Bus Rapid Transit plan to run along E. 14th Street.

Although funding for the center stipulated its use primarily for seniors, the entire community can use the facility weekdays after 4 p.m. and on the weekends. In an odd quibble with Starosciak, Santos said the original concept in its early planning stages called for the center to be used excusively by seniors. The exchange began when Starosciak asked for clarfiication on the correct name of the center, which is unofficially the Senior Community Center. After saying she preferred the current name over the more generic Senior Center, Santos said "I don't know how our senior population will react," and recalled in 2002, seniors were "not willing to share the center."

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Will She or Won't She?

Corbett Has Until Mar. 12 to Throw East Bay Politics in Disarray | It's Not Raining Men in Corbett's Office | Cherry Festival Canceled, Nooo! | There's a Pill for That

As far as stakeouts go, slogging through a two-hour panel discussion on higher education with Ellen Corbett and Loni Hancock was hardly investigative journalism. I did attempt to look like a college student, though, dined on some Panda Express and climbed Cal State East Bay's insane ruins of steep stairs. I was there to confront Corbett over rumors that continue to rise from sweet-nothings into eardrum-piercing shouts that she is leaning toward a run for supervisor. Will she or won't she?  To find the  answer I had to weave around multiple staff members as the senator left the university commons (Just a side note: why does Corbett have just a single male staffer and why is he the photographer?). A windy drizzle started to fall as Corbett and her staff negotiated the stairs to her car. I saddled up to Corbett and asked if  she told a local councilmember she was "seriously" contemplating a run at supervisor. Corbett, normally kind and genial, seized up, lowered her head and hissed, "no comment." The odd demeanor of the senator and the appearance of us walking down steep stairs, would make you think we were walking out of a federal grand jury investigation (presumably about her lone male staff who gets paid tax dollars to post  photos of the senator's events on Facebook) rather than asking a simple question about her political future. Assuredly, it was hardly a "gotcha" inquiry. Afterwards, Corbett called to apologize, but there was nothing to be sorry for, it's just politics and speculation whether she will run for a second-term in the state senate or to replace Supervisor Alice Lai-Bitker will be known by Mar. 12, at the latest.

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'IT'S TOUGH TO BE A STUDENT' BITCH SESSION The disastrous shape of the state university system is beyond comprehension and its problems are only exasperated by the current budget crunch. Corbett, Hancock and a panel of local students from around the Bay Area discussed the matter Tuesday night at Cal State East Bay. The discussion was preceded by a painfully boring webcast by Senate Pro Tem Darrell Steinberg, which is basically attempting to fix a problem by asking the person who caused the problem to find a solution. It is always Sacramento's fault, according to legislators who, themselves" are Sacramento. Both Corbett and Hancock lobbied for a change to California's cumbersome two-thirds rule to pass a budget or raise taxes. As for the issues hampering students these days, I can vouch for their consternation. It was less than two years ago, that I sat waiting for months to receive my financial aid check from the CSUEB Finance Aid Office. It wasn't their problem. There were only four employees covering over 10,000 requests. This was before the most "severe" of the governor's budget cuts to CSU system came down. I was nearly in the ninth of thirteen weeks of  instruction when I finally received aid and many feel lucky they can even acquire aid of any kind these days. When you're a college student, struggling along with Top Ramen and Diet Coke in your belly, it's hard enough working part-time and carrying a full load of courses without worrying about your bank account, too.

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REMEMBER WHEN I SAID 'SHE'LL CUT YOU'? There is no truth to the rumor Nicholas Terry, the former assembly candidate for the 18th district, took the advice of his former client Mr. T and abruptly dropped his challenge to Assemlywoman Mary Hayashi. "Don't be foo', Mary ain't cool!" Terry had built a short-term cache of visibility in the local media with his rough-edged comments criticizing Hayashi for being in the pockets of lobbyists along with his former career as a Hollywood agent, but the Castro Valley native who said he was ready to tirelessly campaign at the grassroots-level ended his run before it even got started. A source told The Citizen, Hayashi's Distirct Director Chris Parman said they learned Terry had registered as an American Independent and the assemblywoman planned to hit the candidate hard with the information. Terry, whose short campaign eschewed the two-party system said the registration snafu was a mistake says the Secretary of State's office said could not be remedied before November. The American Independent Party is not the same as being an "independent" candidate and features staunchly far-right policy positions against abortion and gay marriage. Terry said he is pro-choice and supports gay marriage, but the mistake and the likelihood Hayashi would hammer him on the issue apparently proved too much, which he alluded to by charging her with "dirty politics" in his farewell.

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WHERE WILL I GET A PLASTIC FIREMEN HAT? Through San Leandro Mayor Tony Santos' crisp 30-minute State of the City last week, there were a few light chuckles, but it was notable that the only audible sound during the whole speech, was a loud gasp from a woman in the front row. Was it the $7.3 million deficit? News 30 more city employees could be laid-off this July? No. The freightening sucking of air was for the cancellation of the San Leandro Cherry Festival this year. Vice Mayor Joyce Starosicak said the city knew last year, after the 100th anniversary of the festival, there would not be a 101st in the near future because of a worsening city budget. My favorite memory from last year's festival was a teenage boy, who was performing a dance routine, suddenly fell off the stage, landed on his feet, ran back on stage and continued dancing. Now, that should be a metaphor for the city, except without a medley of Shakira songs in the background.

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DISSOCIATIVE DISORDER Here's another odd situation with San Leandro School Board President Mike Katz and his apparent split personality. In a post last week, Katz reported Alameda County supervisor candidate Wilma Chan and Nicholas Terry were some of the dignitaries at Monday's State of the City. He did not "report", however, others gathering at City Hall, including two previous city managers.....and School Board President Mike Katz, himself. Mayoral candidate Stephen Cassidy was not in attendance, but Katz, also on the committee to elect Cassidy for Mayor, videotaped the entire speech for him. It is still unclear whether Katz the Politician is a different person than Katz the Journalist, but I can report the guy last Monday night has a far more luxurious coif than the one at school board meetings. Hello Paul Mitchell! - S.T.

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